|
§ 1225-c.
Use of mobile telephones.
1. For purposes of this section, the following terms shall
mean:
-
(a)
"Mobile telephone" shall mean the device used by subscribers
and other users of wireless telephone service to
access such service.
-
(b)
"Wireless telephone service" shall mean two-way real time
voice telecommunications service that is interconnected to a
public switched telephone network and is provided by a
commercial mobile radio service, as such term is defined
by 47 C.F.R. § 20.3.
-
(c)
"Using" shall mean holding a mobile telephone to, or in the
immediate proximity of, the user's ear.
-
(d)
"Hand-held mobile telephone" shall mean a mobile telephone
with which a user engages in a call using at least one hand.
-
(e)
"Hands-free mobile telephone" shall mean a mobile telephone
that
has an internal feature or function, or that is
equipped with an
attachment or addition, whether or not permanently part of
such mobile
telephone, by which a user engages in a call without the use
of either
hand, whether or not the use of either hand is necessary to
activate,
deactivate or initiate a function of such telephone.
-
(f)
"Engage in a call" shall mean talking into or listening
on a
hand-held mobile telephone, but shall not include holding
a mobile
telephone to activate, deactivate or initiate a
function of such
telephone.
-
(g)
"Immediate proximity" shall mean that distance as permits
the
operator of a mobile telephone to hear telecommunications
transmitted
over such mobile telephone, but shall not require physical
contact with
such operator's ear.
2.
- (a)
Except as otherwise provided in this section, no person shall
operate a motor vehicle upon a public highway while using
a mobile
telephone to engage in a call while such vehicle is in motion.
- (b)
An operator of a motor vehicle who holds a mobile telephone
to, or
in the immediate proximity of his or her ear while such
vehicle is in
motion is presumed to be engaging in a call within the
meaning of this
section. The presumption established by this subdivision is
rebuttable
by evidence tending to show that the operator was not engaged
in a call.
- (c)
The provisions of this section shall not be construed
as
authorizing the seizure or forfeiture of a mobile
telephone, unless
otherwise provided by law.
3. Subdivision two of this section shall not apply
to:
- (a)
the use of a mobile telephone for the sole purpose of
communicating with any of the
following regarding an emergency situation: an
emergency response
operator; a hospital, physician's office or health clinic;
an ambulance
company or corps; a fire department, district or company;
or a police
department,
- (b)
any of the following persons while in the performance of
their official duties: a police officer or peace officer; a
member of a
fire department, district or company; or the operator of
an authorized
emergency vehicle as defined in section one hundred one of
this chapter,
or;
- (c)
the use of a hands-free mobile telephone.
4. A violation of subdivision two of this section shall
be a traffic infraction and shall be punishable by a fine of not
more than one hundred dollars.
|